No Coverage if Person Fails to Qualify as an Insured
Plaintiff CSAA Fire & Casualty Insurance Company (CSAA) sued Roman Ramirez and eventually filed a Motion for Summary Judgment. In CSAA Fire & Casualty Insurance Company v. Roman Ramirez, No. 2:22-cv-00318-RFB-EJY, United States District Court, D. Nevada (March 10, 2023) the USDC resolved the coverage issue. Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial. If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact the court may: give an opportunity to properly support or address the fact; consider the fact undisputed for purposes of the motion; grant summary judgment if the motion and supporting materials - including the facts considered undisputed - show that the movant is entitled to it; or issue any other appropriate order.
FACTUAL BACKGROUND
The Court accepted the following facts as undisputed, based on Plaintiff's Motion for Summary Judgment and the supporting materials in the record. Plaintiff is an insurance company who maintains a homeowner's insurance policy (“The Policy”) held by the named insured, Maria M. Armendarez. The policy was in full force and effect on May 4, 2017, and covers the property located at 2421 Old Forge Lane, Unit 104, Las Vegas, Nevada 89121 (“Unit 104”). While the property covered by the policy was Unit 104, the policy agreement lists Ms. Maria Armendarez's residence at a different location, namely 219 La Paz Avenue, Henderson, Nevada 89015. An incident took place on May 4, 2017 (“the Incident”) involving Defendant that resulted in an underlying state court case being filed against him by Mr. Juan Severin. At the time of the Incident, Unit 104 was being rented out by Ms. Maria Armendarez to an unrelated family of three individuals: Loraine Gonzalez, Tony Gonzalez, and their child Luke Gonzalez.